(Last updated $Date: 2013/03/31 16:47:35 $)
These Terms incorporate by reference the "Community Rules, Tutorial and FAQ", as well as any other rules of usage, set forth on a Site. All such rules may be changed without notice by Bucket Head.
Acceptance of Terms
In order to use a Site, you must first agree to the Terms. You may not use a Site if you do not accept the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE ANY SITE.
Users and Members
These Terms apply to all users of a Site, including individuals who have not joined as a registered user on a Site, and "Members" who have joined as a user on a Site.
You may not use a Site and may not accept the Terms if (a) you are under the age of 13, or (b) you are a person barred from using a Site under the laws of the United States or other countries including the country in which you are resident or from which you use a Site, or (c) you have been barred from a Site by Bucket Head without permission to return.
Bucket Head may change and enhance a Site with the goal of providing the best possible experience for its users. You acknowledge and agree that a Site may change from time to time without prior notice to you. In addition, Bucket Head may stop (permanently or temporarily) providing a Site, or any features within a Site, at Bucket Head's sole discretion, with or without prior notice.
You may stop using a Site at any time. You do not need to specifically inform Bucket Head when you stop using a Site. If you make no use of a Site for a substantial amount of time, Bucket Head may in its discretion determine that you have stopped using that Site.
You acknowledge and agree that if Bucket Head disables access to your account, you may be prevented from accessing a Site, your account details or any files or other information which is contained in your account.
A Site requires you to provide information about yourself (such as your name and e-mail address) as part of the registration process for a Site and as part of your continued use of a Site. You represent and warrant that the user information you provide in connection with a Site is and will at all times be accurate, complete and up to date.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree that you will not copy, sell, trade or resell a Site for any purpose.
You agree to use a Site only for purposes that are permitted by (a) these Terms and (b) all applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries).
You represent and warrant that you will:
(a) Access a Site only through the interface that is provided by Bucket Head. You specifically agree not to access (or attempt to access) a Site or associated information through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of a Site.
(b) Not engage in any activity that interferes with or disrupts a Site or systems and networks supporting a Site;
(c) You may not transmit any chain letters, junk or spam e-mail to other users;
(c) Not use a Site for any phishing, trolling or similar activities; to redirect users to other Site or encourage users to visit other Site; harvest or collect email addresses or other contact information of other users from a Site by electronic or other means;
(d) Not provide or use tracking or monitoring functionality in connection with a Site, including but not limited to, to identify other Members' activities and use of a Site;
(e) Not enter or attempt to enter unauthorized parts of a Site or any Bucket Head computers or servers used to provide a Site, or perform functions that you are not authorized to perform hereunder;
(e) Not impersonate or attempt to impersonate Bucket Head or a Bucket Head employee, administrator or moderator, another Member, or any other person or entity; and
(f) Not "frame" or "mirror" any part of a Site or a Site. You also shall not use metatags or code or other devices containing any reference to Bucket Head or a Site or a Site in order to direct any person to any other web site for any purpose.
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bucket Head may suffer) of any such breach.
Transactions and Interactions with Other Members
A Site may facilitate transactions and communications between Members. However, all transactions, communications and other activities between you and other Members of a Site are solely between you and the Member. Bucket Head is not responsible for loss or damage of any kind incurred as the result of your transactions or communications with third parties. Any questions, complaints or claims related to any items discussed or listed on a Site should be directed to provider of such information. BUCKET HEAD IS UNDER NO REQUIREMENT TO SCREEN OR INQUIRE ABOUT THE BACKGROUND OF ANY OF ITS MEMBERS OR INFORMATION ON THE SITE.
Bucket Head reserves the right, but has no obligation, to monitor disputes between you and other Members and to restrict, suspend, or close your account if Bucket Head determines, in its sole discretion, that doing so is necessary to maintain a Site or to enforce the Terms.
Evaluations and Ratings
A Site may enable Members to evaluate, rate and comment on other Members. Such evaluations must be made in good faith, and may include the assignment of a numeric rating. If you post a comment regarding a Member, you are solely responsible for ensuring that the comment complies with these Terms.
Account Security and Passwords
You agree and understand that you are responsible for maintaining the confidentiality of your user name and password associated with any account you use to access a Site. You are solely responsible to Bucket Head for all activities that occur under your account. You agree to exit from your account at the end of each session. Bucket Head will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
If you become aware of any unauthorized use of your user name/password or of your account, or any other breach of security relating to a Site, you agree to notify Bucket Head immediately at firstname.lastname@example.org.
The term "Content" as used in the Terms means all information (including but not limited to text, sound, images, videos, and web links) which may be accessed or used in connection with a Site, including but not limited through messages and in your profile. You are solely responsible for all Content that you contribute, post, transmit or otherwise make available through a Site.
You understand that by using a Site you may be exposed to Content that you find inaccurate, offensive, indecent or objectionable, or that otherwise violates these Terms. You agree that your use of a Site and access to all such Content is at your own risk. Bucket Head does not adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on a Site. Under no circumstances will Bucket Head or its affiliates be liable for any loss or damage resulting from your reliance on Content posted on a Site or transmitted to or by any Members.
You represent and warrant that the Content uploaded, e-mailed, posted or otherwise provided by you to Bucket Head or any other Member in connection with a Site:
(a) Is owned by you, or you have the full right to provide the Content to Bucket Head;
(b) Does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right of any third party;
(c) Does not violate any person's right of privacy or publicity;
(d) Does not contain any obscene, pornographic, harassing, abusive, defamatory, harmful, profane, offensive, threatening, violent, sexist, sexually oriented, racist or illegal material;
(e) Does not contain any viruses, time bombs, Trojan horses, cancelbots, worms, spyware, adware or other harmful or disruptive computer code or files;
(f) Does not include junk mail, chain letters, spam, or advertisements for commercial activities of any kind, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes;
(g) Does not promote illegal conduct of any kind, including by providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; and
(h) Is accurate and complete.
You also represent and warrant that your disclosure of Content to Bucket Head for use with a Site is not in breach of any obligation of confidentiality that you have to any other person or organization.
Bucket Head reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from a Site. Bucket Head may use software to do this. In addition, commercially available services and software may be used to limit access to material that may be objectionable.
You are solely responsible for maintaining backup copies of the Content you upload in connection with a Site.
Proprietary Rights of Bucket Head
You acknowledge and agree that Bucket Head and its licensors own and retain all right, title and interest in and to a Site, including all intellectual property rights associated with a Site. Except for information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any information, materials, or software associated with a Site.
Nothing in the Terms gives you a right to use any of Bucket Head's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree that you shall not remove, obscure, or modify any proprietary rights notices that may be associated with a Site. You agree that in using a Site, you will not use any trademark (including any logo) of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks or logos.
You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the Software or any part thereof, unless this is expressly required by law, or unless you have been specifically told that you may do so by Bucket Head, in writing. Unless Bucket Head has given you specific written permission to do so, you may not transfer or assign your rights to use a Site.
Other than the license set forth below in the section on your Content License to Bucket Head, Bucket Head acknowledges and agrees that it obtains no right, title or interest from in any Content that you submit, post, transmit or display on, or through, a Site.
Content license from You to Bucket Head
By submitting, posting or displaying such Content, you give Bucket Head a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through a Site. This license is for the purpose of enabling Bucket Head to provide, distribute and promote a Site.
You agree that this license includes a right for Bucket Head to make such Content available to other companies, organizations or individuals with whom Bucket Head has relationships for the provision of information and services, and to use such Content in connection with the provision of those services.
You understand and agree that Bucket Head, in performing the required technical steps to provide a Site to its users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media.
The Terms will continue to apply until terminated by either you or Bucket Head. To terminate the Terms with Bucket Head, you may (a) notify Bucket Head at any time and (b) close your accounts for all of a Site which you use, where Bucket Head has made this option available to you. Your notice should be sent to email@example.com
Bucket Head may, at any time, terminate or suspend the Terms and a Site with you if:
(A) You breach any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with, the Terms); or
(B) Bucket Head is required to do so by law (for example, where the provision of a Site to you is, or becomes, unlawful); or
(C) Bucket Head is transitioning to no longer providing a Site to users in the country in which you are resident or from which you use the service; or
(D) The provision of a Site to you by Bucket Head is, in Bucket Head's opinion, no longer commercially viable.
When these Terms end, all of the legal rights, obligations and liabilities that you and Bucket Head have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination, including injunctive remedies described below, shall continue to apply to such rights, obligations and liabilities indefinitely.
In order to protect the integrity of a Site, Bucket Head reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing a Site.
EXCLUSION OF WARRANTIES
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF A SITE IS AT YOUR SOLE RISK AND THAT A SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." BUCKET HEAD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BUCKET HEAD, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF A SITE WILL MEET YOUR REQUIREMENTS OR PROVIDE YOU WITH ANY SPECIFIC RESULTS,
(B) YOUR USE OF A SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF A SITE WILL BE ACCURATE, COMPLETE, USEFUL OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF A SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF A SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUCKET HEAD OR THROUGH OR FROM A SITE SHALL CREATE ANY WARRANTY.
BUCKET HEAD DOES NOT WARRANT THAT INFORMATION KEPT IN PRIVATE AREAS WILL REMAIN PRIVATE. AS SUCH, DO NOT ENTER ANY CONTENT THAT YOU DO NOT WISH TO BE VIEWED, COPIED, DELETED OR OTHERWISE MANIPULATED AND DISSEMINATED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUCKET HEAD, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY BODILY INJDURY, EMOTIONAL DISTRESS, DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED MEMBERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON A SITE;
(II) ANY CHANGES WHICH BUCKET HEAD MAY MAKE TO A SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF A SITE (OR ANY FEATURES WITHIN A SITE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF A SITE;
(IV) YOUR FAILURE TO PROVIDE BUCKET HEAD WITH ACCURATE ACCOUNT INFORMATION; AND
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL BUCKET HEAD BE LIABLE TO YOU IN AN AMOUNT EXCEEDING US $5.00.
THE LIMITATIONS ON BUCKET HEAD'S LIABILITY TO YOU HEREIN SHALL APPLY WHETHER OR NOT BUCKET HEAD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You hereby agree to indemnify, defend and hold Bucket Head and all of its officers, directors, owners, employees, agents, suppliers, affiliates, partners, and licensors (collectively, the "Bucket Head Parties") harmless from and against any and all liability, damages, injuries, losses, costs, and expenses (including attorneys' fees) incurred by any Bucket Head Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, or intellectual property infringement, arising out of:
Bucket Head reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- Your use of a Site;
- Any transaction or relationship between you and another user of a Site;
- Any use or alleged use of your user name by any person, whether or not authorized by you;
- The content that you submit in connection with a Site;
- Your violation of the rights of any other person or entity relating to a Site.
Copyright and Trademark Policies
If you believe that any Content on a Site constitutes copyright infringement, please notify Bucket Head immediately of the infringing Content and provide the following information:
Your notice of claim of copyright infringement can also be sent by directing an email to firstname.lastname@example.org or letter to the following designated copyright agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on a Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Bucket Head Media, LLC
1103 Park Glen PL
Durham, NC 27713
Upon our receipt of a proper notice of claimed infringement, Bucket Head will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act ("DMCA") to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.
Some portions of a Site may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on a Site, queries made through a Site or other information. The manner, mode and extent of advertising by Bucket Head on a Site are subject to change without specific notice to you. In consideration for Bucket Head granting you access to and use of a Site, you agree that Bucket Head may place such advertising on a Site.
Advertisements in a Site and sponsored Content within a Site may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Bucket Head (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Bucket Head or by the owners of that Content, in a separate agreement.
Links to other Content
A Site may include links to other web sites or content or resources. Bucket Head may have no control over any web sites or resources which are provided by companies or persons other than Bucket Head. You acknowledge and agree that Bucket Head is not responsible for the availability of any such external sites, services or resources, and does not endorse any advertising, products or other materials on or available from such web sites, services or resources.
You acknowledge and agree that Bucket Head is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, services or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites, services or resources.
Social Networking Site
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to Bucket Head relating to modifying or improving a Site ("Feedback"), whether solicited or unsolicited, are non-confidential and shall become Bucket Head's sole property. Bucket Head may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you hereby grant to Bucket Head a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.
Special Provisions for International Use
Different countries have different laws and regulations. Bucket Head makes no representations that the Content or a Site is appropriate or legally available for use in locations outside the United States. If you are accessing a Site from jurisdictions where the Content or a Site may be illegal, you are solely responsible for complying with all local laws regarding acceptable Content and a Site. By submitting any Content in connection with a Site, you understand and agree that by submitting such Content from your country and submitting it to Bucket Head's servers in the United States.
Changes to the Terms
Bucket Head may change the Terms from time to time. When these changes are made, Bucket Head will make a new copy of the Terms available at a Site and any new Terms will be made available to you from within, or through, the affected Site.
You understand and agree that your use of a Site after the date on which the Terms have changed constitutes acceptance of the updated Terms.
When you use a Site, you may (as a result of, or through your use of a Site) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the entire legal agreement between you and Bucket Head regarding a Site, and supersede and replace any prior agreements between you and Bucket Head in relation to a Site, including but not limited to any prior version of the Terms.
You agree that Bucket Head may provide you with notices, including those regarding changes to the Terms, by email or postings on a Site.
The failure of Bucket Head to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
If any provision of the Terms is held invalid, the remainder of the Terms will continue in full force and effect.
Both you and Bucket Head acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and Bucket Head by your use of a Site, and neither you nor Bucket Head have the power or the authority to obligate or bind the other. You acknowledge and agree that no person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Bucket Head under the Terms, shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. You agree that sole and exclusive jurisdiction and venue for any claim, cause of action or dispute arising out of or relating to these Terms or a Site shall be in a state or federal court in Durham County, North Carolina. Notwithstanding this, you agree that Bucket Head shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The section titles in the Terms are for convenience only and have no legal effect.